Non Raceday Inquiry RIU v JT McInerney – Decision dated 30 January 2014
ID: JCA13239
Decision:
BEFORE A JUDICIAL COMMITTEE
HELD AT CHRISTCHURCH
IN THE MATTER of Information No: A3289
BETWEEN ROSS NEAL - Co-Chief Stipendiary Steward for the Racing Integrity Unit
Informant
AND JOHN T McINERNEY - Licensed Greyhound Trainer
Respondent
Date of Hearing: Thursday 23rd January 2014
Venue: Judicial Room, Addington Raceway, Christchurch
Judicial Committee: KG Hales, Chair - RG McKenzie, Committee Member
Present: Mr N McIntyre, Co-Chief Stipendiary Steward representing the Informant (Mr R Neal)
Mr Jonathon McInerney representing the Respondent
Mr S Renault, Registrar
Date of Decision: Thursday 23rd January 2014
DECISION OF JUDICIAL COMMITTEE
THE CHARGE
As a result of the wrong Greyhound being presented for racing at the Waikato Greyhound Racing Club’s meeting at the Cambridge Raceway on 24th December 2013, Licensed Greyhound Trainer Mr John T McInerney, was charged with a breach of Rule 88 (1)(o).
The hearing of the charge took place at the Addington Raceway Judicial Room on Thursday 23rd January 2014.
The Respondent was represented by his son, Mr Jonathon McInerney, who confirmed to the hearing that he had his father’s authority to represent the kennel at the hearing.
Information No: A3289 alleges as follows.
“THAT on the 24th December 2013 at the meeting conducted by Waikato Greyhound Racing Club held at Cambridge Raceway, being the person in charge of the nomination and acceptance of the registered Greyhound HOMEBUSH CHOPPER (a black dog by the sire of MOGAMBO from the bitch PINK RELTUB) an acceptor in Race 3 “Waikato Cup Heat #2” you incorrectly presented HOMEBUSH SARGE (a black dog by LAGOON PHOENIX out of the bitch BLACKFOOT SAGE) for the purpose of competing in such race as HOMEBUSH CHOPPER, and in doing so you were negligent in your duty and thereby committed a breach of Rule 88.o. AND THAT you are therefore liable to the penalty or penalties which may be imposed upon you pursuant to the provisions of Rule 89.1 of the said Rules.”
THE RULES
Rule 88(1)(o) of the Rules of Greyhound Racing provides as follows:
88: Offences.
88.1(o) Any person (including an official) commits an offence if he/she has, in relation to a greyhound or greyhound racing, done a thing, or omitted to do a thing which is negligent, dishonest, corrupt, fraudulent or improper, or constitutes misconduct;
PENALTIES
89.1 Any person found guilty of an offence under these Rules shall be liable to:
a. a fine not exceeding $10,000.00 for any one (1) offence; and/or
b. Suspension; and/or
c. Disqualification; and/or
d. Warning Off.
THE PLEA
The Respondent admitted the charge and it is therefore found to be proved.
SUMMARY OF FACTS
An agreed Summary of Facts was presented by Mr Nigel McIntyre, Co-Chief Stipendiary Steward, to the hearing. That agreed Summary of Facts reads as follows:
1. On Tuesday 24th December 2013 the greyhound HOMEBUSH CHOPPER was accepted to start in Race 3 on the racing programme held by Waikato Greyhound Racing Club at Cambridge Raceway.
2. The programme for the meeting showed that Race 3 was “Waikato Cup Heat 2” a C5q race to be run over 457 metres.
3. HOMEBUSH CHOPPER is a black dog by the sire of MOGAMBO from the bitch PINK RELTUB with the ear brand for this dog listed as ZAALZ with the microchip number reading 956000008404198.
4. Trainer Mr JT McInerney was not attending the meeting nor was the Marton Stable Foreman Stephen McInerney. The stable was represented by employee Cory Steele. Mr Steele had commenced working at the Marton based McInerney kennel two weeks prior to this meeting.
5. Mr Cory Steele informed he was unsure who was in charge of loading HOMEBUSH CHOPPER into the trailer as he was one of four people loading the dogs along with Graham Tapiki, Kim Fraser and Aliesha Speight. Mr Stephen McInerney was present when the dogs were loaded at home to leave for the races.
6. Upon arriving at the kenneling enclosure at Cambridge Raceway the kennel staff undertook the route identification process where it was found the brands and the microchip number on the dog presented did not correspond with the registration papers and was subsequently found the dog presented was in fact HOMEBUSH SARGE, a black dog by LAGOON PHOENIX out of the bitch BLACKFOOT SAGE, with the brands reading 308-Z61 microchip number reading 956000008378317.
7. It was established HOMEBUSH CHOPPER was not in fact on course, and was therefore a late scratching.
8. Mr Mike Austin Stipendiary Steward in charge on the day stood the dog down for 28 days under Rule 64.13 effective 24th December 2013 up to and including 20th January 2014.
Mr McIntyre added that because of the time at which the error was detected, it was too late for the reserve dog to be eligible to start.
THE RESPONDENT’S CASE
Mr Jonathon McInerney presented the following reply.
“We have pleaded guilty to the charge of not presenting HOMEBUSH CHOPPER to race at the Waikato race meeting on 24th December 2013.
We are not disputing that fact. What did happen was simply human error.
On Tuesday 24th December 2013 at 3 am, five people, being Corey Steele, Aliesha Speight, Kim Fraser, Graeme Tapiki and Stephen McInerney, have loaded up a team of 10 dogs to travel to the race meeting held at Cambridge.
This meeting being 10 races, followed by another 10 races. HOMEBUSH CHOPPER was to race in the second half of the programme.
Corey Steele was the kennel representative for the greyhounds from the McInerney kennels in Marton. He had started working there two weeks prior.
At no stage did Mr Steele or any other persons travelling that day realize that they had loaded the incorrect dog, being HOMEBUSH SARGE, instead of HOMEBUSH CHOPPER. They are both big black dogs with similar markings.
Mr Steele went to kennel whom he thought was HOMEBUSH CHOPPER, along with the racing papers for HOMEBUSH CHOPPER.
It was only at this stage that the mistake was realized, when the ear brands and microchip number did not correspond to that of those on the papers of HOMEBUSH CHOPPER.
Mr Steele took note of the ear brands and after checking with the NZGRA, it was discovered that the dog they had loaded and travelled all the way from Marton, was in fact HOMEBUSH SARGE, a dog who was not entered to race at that meeting.
This was unintentional, as HOMEBUSH CHOPPER was the main reason for the trip to Cambridge, to race in the Waikato Cup heats.
On 4th December 2013, HOMEBUSH CHOPPER, along with NO UNDIES SUNDY, HOMEBUSH VIOLET, HOMEBUSH SARGE and PRINCELY DOLLAR, were sent up from the Darfield kennels, with the main reason being to race in the Spion Rose heats at Wanganui, and then on to Cambridge for the Waikato Cup heats.
It is believed that HOMEBUSH CHOPPER and HOMEBUSH SARGE both wore red collars and their kennels were in close proximity of each other in their Marton kennels. They are also of similar size and have similar markings.
However similar they are, we all agree that this mistake should not have happened, but we have put it down to human error. After all, it was Christmas Eve, and there are many things on people’s minds, not just greyhounds and racing.
At the time of loading up at 3 am on 24th December 2013, care is taken to ensure that the noise from the dogs is kept to a minimum as the kennels are based in a residential area. We do not want neighbors to be woken, or to complain about the noise from the dogs.
As this is the case, we believe that in their efforts to keep noise and disruption to a minimum, that the wrong dog has been loaded into the trailer, being HOMEBUSH SARGE instead of HOMEBUSH CHOPPER.
It was never the intentions of anyone to take the wrong dog, nor was it intended to try and race HOMEBUSH SARGE in place of HOMEBUSH CHOPPER. With all of the strict kennel and pre-race checks involved, this would be almost impossible. This includes having ear brands and microchips checked, their weight being recorded in the scales before being kenneled, and also the pre race checking of brands and microchips.
The first reserve in the race concerned was the dog KIKI RHODE, who is in fact trained by Wayne and Tracey Steele, the parents of Mr Corey Steele. There is no way that Corey would intentionally do anything to prevent the dog trained by his parents from getting a start, he had nothing to gain from such intentions.
Over many years previously, we have taken thousands of dogs to the races at countless meetings all over the country, and never have we ever produced the wrong dog to race.
When the mistake was discovered, HOMEBUSH CHOPPER was declared a late scratching.
Mr Mike Austin recorded and conducted an interview with Mr Corey Steele regarding the issue. The dog HOMEBUSH CHOPPER was given a 28 day stand down from that meeting, date ending 20th January 2014.”
SUBMISSIONS ON PENALTY
Mr McIntyre advised the hearing that the RIU accepted that the breach of the Rule was not intentional. Mr McInerney has a clear record, and has started approximately 2,500 greyhounds during the current racing season.
He considered that it was an aggravating feature that the reserve dog did not get a start and to a certain extent, the betting public were affected by the late scratching.
Mr McIntyre advised the hearing that there had been one similar case against “Trainer S” where the fine imposed by the Judicial Committee was $350. However, in that case, at the time of the detection of the error, “Trainer S” was able to return to his kennels and to bring the correct dog to the meeting so that the correct dog started in the race in question.
Mr McIntyre submitted that a fine in the region of $400 to $500 was appropriate.
Mr Jonathon McInerney presented the following submission with regard to penalty.
“We believe that this is a penalty for the owner, the trainer and the dog itself. HOMEBUSH CHOPPER is owned and trained by Mr John McInerney.
Due to the fact that HOMEBUSH CHOPPER was not allowed to race for 28 days after this incident, his loss of earnings must be taken into account, his average monthly earnings from July to December being $3,165. This is a huge penalty to the owner/trainer.
Since this date, we have put systems in place to ensure this kind of mistake does not happen again.
I ask you to take into consideration this loss of earnings and penalty of 28 days stand down to the dog when reaching your decision.
Also of note, at the same meeting, Waikato Districts General Manager Mr Robert Death, had drawn the dog THRILLING GLORY into two different races, being Race 3 and Race 8 in the second half of the meeting, and failed in his duty to scratch this dog from any race.
Therefore THRILLING GLORY was a late scratching from one of these races, thus preventing the reserve dog to gain a start.
Mr Death was fined a total of $100 under the Minor Infringement Notice.
On 6 January 2014, Trainer Carolyn Hore unintentionally trialled the greyhound OSTI’S EXPERIENCE prior to Race 1. This dog was entered to start in Race 12 of the same meeting.
OSTI’S EXPERIENCE was then late scratched, meaning the reserve dog did not gain a start. Mrs Hore was fined $150 and the dog was penalized with a 28 day stand down.
We believe in all of these cases, including ours that human error has occurred. After all, we are human and mistakes do happen sometimes.
We regret that this mistake happened, and we apologise to those affected by it. With the number of greyhounds that race all over the country, incidents like this will occur from time to time.
All we can do is put steps in place to stop this happening again. I ask you to take this into consideration when making your decision.”
PENALTY DECISION AND REASONS
We have had regard to all of the evidence and the submissions made by Mr McIntyre and Mr Jonathon McInerney.
We note that the only case that provides some guidance to us is the case involving “Trainer S” who was fined $350. The difference in that case was that “Mr S” was able to present the correct dog when the error was detected and thus, neither the betting public or the club was affected. A further factor for us to take into account is the fact that having regard to the time that the error was detected, it was too late for the reserve dog to be entered in the race.
We have not overlooked the fact that the McInerney kennel is a very busy operation housing some 150 greyhounds at its kennels in Darfield and 60 at its kennels in Marton. We accept that this was unintentional and was a basic human error.
Taking all matters into account we impose a fine of $425.
Dated this 30 January 2014
……………………………….
K G Hales
Chairman
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 10/02/2014
Publish Date: 10/02/2014
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
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decisiondate: 10/02/2014
hearing_title: Non Raceday Inquiry RIU v JT McInerney - Decision dated 30 January 2014
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appealdecision: NO LINKED APPEAL DECISION
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Decision:
BEFORE A JUDICIAL COMMITTEE
HELD AT CHRISTCHURCH
IN THE MATTER of Information No: A3289
BETWEEN ROSS NEAL - Co-Chief Stipendiary Steward for the Racing Integrity Unit
Informant
AND JOHN T McINERNEY - Licensed Greyhound Trainer
Respondent
Date of Hearing: Thursday 23rd January 2014
Venue: Judicial Room, Addington Raceway, Christchurch
Judicial Committee: KG Hales, Chair - RG McKenzie, Committee Member
Present: Mr N McIntyre, Co-Chief Stipendiary Steward representing the Informant (Mr R Neal)
Mr Jonathon McInerney representing the Respondent
Mr S Renault, Registrar
Date of Decision: Thursday 23rd January 2014
DECISION OF JUDICIAL COMMITTEE
THE CHARGE
As a result of the wrong Greyhound being presented for racing at the Waikato Greyhound Racing Club’s meeting at the Cambridge Raceway on 24th December 2013, Licensed Greyhound Trainer Mr John T McInerney, was charged with a breach of Rule 88 (1)(o).
The hearing of the charge took place at the Addington Raceway Judicial Room on Thursday 23rd January 2014.
The Respondent was represented by his son, Mr Jonathon McInerney, who confirmed to the hearing that he had his father’s authority to represent the kennel at the hearing.
Information No: A3289 alleges as follows.
“THAT on the 24th December 2013 at the meeting conducted by Waikato Greyhound Racing Club held at Cambridge Raceway, being the person in charge of the nomination and acceptance of the registered Greyhound HOMEBUSH CHOPPER (a black dog by the sire of MOGAMBO from the bitch PINK RELTUB) an acceptor in Race 3 “Waikato Cup Heat #2” you incorrectly presented HOMEBUSH SARGE (a black dog by LAGOON PHOENIX out of the bitch BLACKFOOT SAGE) for the purpose of competing in such race as HOMEBUSH CHOPPER, and in doing so you were negligent in your duty and thereby committed a breach of Rule 88.o. AND THAT you are therefore liable to the penalty or penalties which may be imposed upon you pursuant to the provisions of Rule 89.1 of the said Rules.”
THE RULES
Rule 88(1)(o) of the Rules of Greyhound Racing provides as follows:
88: Offences.
88.1(o) Any person (including an official) commits an offence if he/she has, in relation to a greyhound or greyhound racing, done a thing, or omitted to do a thing which is negligent, dishonest, corrupt, fraudulent or improper, or constitutes misconduct;
PENALTIES
89.1 Any person found guilty of an offence under these Rules shall be liable to:
a. a fine not exceeding $10,000.00 for any one (1) offence; and/or
b. Suspension; and/or
c. Disqualification; and/or
d. Warning Off.
THE PLEA
The Respondent admitted the charge and it is therefore found to be proved.
SUMMARY OF FACTS
An agreed Summary of Facts was presented by Mr Nigel McIntyre, Co-Chief Stipendiary Steward, to the hearing. That agreed Summary of Facts reads as follows:
1. On Tuesday 24th December 2013 the greyhound HOMEBUSH CHOPPER was accepted to start in Race 3 on the racing programme held by Waikato Greyhound Racing Club at Cambridge Raceway.
2. The programme for the meeting showed that Race 3 was “Waikato Cup Heat 2” a C5q race to be run over 457 metres.
3. HOMEBUSH CHOPPER is a black dog by the sire of MOGAMBO from the bitch PINK RELTUB with the ear brand for this dog listed as ZAALZ with the microchip number reading 956000008404198.
4. Trainer Mr JT McInerney was not attending the meeting nor was the Marton Stable Foreman Stephen McInerney. The stable was represented by employee Cory Steele. Mr Steele had commenced working at the Marton based McInerney kennel two weeks prior to this meeting.
5. Mr Cory Steele informed he was unsure who was in charge of loading HOMEBUSH CHOPPER into the trailer as he was one of four people loading the dogs along with Graham Tapiki, Kim Fraser and Aliesha Speight. Mr Stephen McInerney was present when the dogs were loaded at home to leave for the races.
6. Upon arriving at the kenneling enclosure at Cambridge Raceway the kennel staff undertook the route identification process where it was found the brands and the microchip number on the dog presented did not correspond with the registration papers and was subsequently found the dog presented was in fact HOMEBUSH SARGE, a black dog by LAGOON PHOENIX out of the bitch BLACKFOOT SAGE, with the brands reading 308-Z61 microchip number reading 956000008378317.
7. It was established HOMEBUSH CHOPPER was not in fact on course, and was therefore a late scratching.
8. Mr Mike Austin Stipendiary Steward in charge on the day stood the dog down for 28 days under Rule 64.13 effective 24th December 2013 up to and including 20th January 2014.
Mr McIntyre added that because of the time at which the error was detected, it was too late for the reserve dog to be eligible to start.
THE RESPONDENT’S CASE
Mr Jonathon McInerney presented the following reply.
“We have pleaded guilty to the charge of not presenting HOMEBUSH CHOPPER to race at the Waikato race meeting on 24th December 2013.
We are not disputing that fact. What did happen was simply human error.
On Tuesday 24th December 2013 at 3 am, five people, being Corey Steele, Aliesha Speight, Kim Fraser, Graeme Tapiki and Stephen McInerney, have loaded up a team of 10 dogs to travel to the race meeting held at Cambridge.
This meeting being 10 races, followed by another 10 races. HOMEBUSH CHOPPER was to race in the second half of the programme.
Corey Steele was the kennel representative for the greyhounds from the McInerney kennels in Marton. He had started working there two weeks prior.
At no stage did Mr Steele or any other persons travelling that day realize that they had loaded the incorrect dog, being HOMEBUSH SARGE, instead of HOMEBUSH CHOPPER. They are both big black dogs with similar markings.
Mr Steele went to kennel whom he thought was HOMEBUSH CHOPPER, along with the racing papers for HOMEBUSH CHOPPER.
It was only at this stage that the mistake was realized, when the ear brands and microchip number did not correspond to that of those on the papers of HOMEBUSH CHOPPER.
Mr Steele took note of the ear brands and after checking with the NZGRA, it was discovered that the dog they had loaded and travelled all the way from Marton, was in fact HOMEBUSH SARGE, a dog who was not entered to race at that meeting.
This was unintentional, as HOMEBUSH CHOPPER was the main reason for the trip to Cambridge, to race in the Waikato Cup heats.
On 4th December 2013, HOMEBUSH CHOPPER, along with NO UNDIES SUNDY, HOMEBUSH VIOLET, HOMEBUSH SARGE and PRINCELY DOLLAR, were sent up from the Darfield kennels, with the main reason being to race in the Spion Rose heats at Wanganui, and then on to Cambridge for the Waikato Cup heats.
It is believed that HOMEBUSH CHOPPER and HOMEBUSH SARGE both wore red collars and their kennels were in close proximity of each other in their Marton kennels. They are also of similar size and have similar markings.
However similar they are, we all agree that this mistake should not have happened, but we have put it down to human error. After all, it was Christmas Eve, and there are many things on people’s minds, not just greyhounds and racing.
At the time of loading up at 3 am on 24th December 2013, care is taken to ensure that the noise from the dogs is kept to a minimum as the kennels are based in a residential area. We do not want neighbors to be woken, or to complain about the noise from the dogs.
As this is the case, we believe that in their efforts to keep noise and disruption to a minimum, that the wrong dog has been loaded into the trailer, being HOMEBUSH SARGE instead of HOMEBUSH CHOPPER.
It was never the intentions of anyone to take the wrong dog, nor was it intended to try and race HOMEBUSH SARGE in place of HOMEBUSH CHOPPER. With all of the strict kennel and pre-race checks involved, this would be almost impossible. This includes having ear brands and microchips checked, their weight being recorded in the scales before being kenneled, and also the pre race checking of brands and microchips.
The first reserve in the race concerned was the dog KIKI RHODE, who is in fact trained by Wayne and Tracey Steele, the parents of Mr Corey Steele. There is no way that Corey would intentionally do anything to prevent the dog trained by his parents from getting a start, he had nothing to gain from such intentions.
Over many years previously, we have taken thousands of dogs to the races at countless meetings all over the country, and never have we ever produced the wrong dog to race.
When the mistake was discovered, HOMEBUSH CHOPPER was declared a late scratching.
Mr Mike Austin recorded and conducted an interview with Mr Corey Steele regarding the issue. The dog HOMEBUSH CHOPPER was given a 28 day stand down from that meeting, date ending 20th January 2014.”
SUBMISSIONS ON PENALTY
Mr McIntyre advised the hearing that the RIU accepted that the breach of the Rule was not intentional. Mr McInerney has a clear record, and has started approximately 2,500 greyhounds during the current racing season.
He considered that it was an aggravating feature that the reserve dog did not get a start and to a certain extent, the betting public were affected by the late scratching.
Mr McIntyre advised the hearing that there had been one similar case against “Trainer S” where the fine imposed by the Judicial Committee was $350. However, in that case, at the time of the detection of the error, “Trainer S” was able to return to his kennels and to bring the correct dog to the meeting so that the correct dog started in the race in question.
Mr McIntyre submitted that a fine in the region of $400 to $500 was appropriate.
Mr Jonathon McInerney presented the following submission with regard to penalty.
“We believe that this is a penalty for the owner, the trainer and the dog itself. HOMEBUSH CHOPPER is owned and trained by Mr John McInerney.
Due to the fact that HOMEBUSH CHOPPER was not allowed to race for 28 days after this incident, his loss of earnings must be taken into account, his average monthly earnings from July to December being $3,165. This is a huge penalty to the owner/trainer.
Since this date, we have put systems in place to ensure this kind of mistake does not happen again.
I ask you to take into consideration this loss of earnings and penalty of 28 days stand down to the dog when reaching your decision.
Also of note, at the same meeting, Waikato Districts General Manager Mr Robert Death, had drawn the dog THRILLING GLORY into two different races, being Race 3 and Race 8 in the second half of the meeting, and failed in his duty to scratch this dog from any race.
Therefore THRILLING GLORY was a late scratching from one of these races, thus preventing the reserve dog to gain a start.
Mr Death was fined a total of $100 under the Minor Infringement Notice.
On 6 January 2014, Trainer Carolyn Hore unintentionally trialled the greyhound OSTI’S EXPERIENCE prior to Race 1. This dog was entered to start in Race 12 of the same meeting.
OSTI’S EXPERIENCE was then late scratched, meaning the reserve dog did not gain a start. Mrs Hore was fined $150 and the dog was penalized with a 28 day stand down.
We believe in all of these cases, including ours that human error has occurred. After all, we are human and mistakes do happen sometimes.
We regret that this mistake happened, and we apologise to those affected by it. With the number of greyhounds that race all over the country, incidents like this will occur from time to time.
All we can do is put steps in place to stop this happening again. I ask you to take this into consideration when making your decision.”
PENALTY DECISION AND REASONS
We have had regard to all of the evidence and the submissions made by Mr McIntyre and Mr Jonathon McInerney.
We note that the only case that provides some guidance to us is the case involving “Trainer S” who was fined $350. The difference in that case was that “Mr S” was able to present the correct dog when the error was detected and thus, neither the betting public or the club was affected. A further factor for us to take into account is the fact that having regard to the time that the error was detected, it was too late for the reserve dog to be entered in the race.
We have not overlooked the fact that the McInerney kennel is a very busy operation housing some 150 greyhounds at its kennels in Darfield and 60 at its kennels in Marton. We accept that this was unintentional and was a basic human error.
Taking all matters into account we impose a fine of $425.
Dated this 30 January 2014
……………………………….
K G Hales
Chairman
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